Search results : 342

On 9 June 2016, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-470/14, EGEDA v. Administracion del Estado. The case was a reference from the Spanish Supreme Court seeking a preliminary ruling on the interpretation of Article 5(2)(b) of Directive 2001/29/EU (the “InfoSoc Directive”). On 7 December 2012, the Spanish government had adopted Royal Decree 1657/2012, which regulates the procedure of compensating rightsholders for acts of private copying. This was a continuation of the derogation by Royal Decree Law 20/2011 of the private copying levy and the introduction...

On 28 January 2016, Spain’s National Authority for Markets and Competition (CNMC) adopted a decision ordering the Professional Football League (LFP) to give a 90-seconds short news summary of every game to every television station and allow free access to stadiums to broadcasters. However, the channels could only show the summary twice in a 24 hour period. In its decision, the CNMC stressed "the unquestionable social relevance of professional sports" in Spain. However the regulator also considered that 90 seconds is enough to guarantee the citizens’ rights to be informed, and therefore no economic...

On 19 January 2016, Advocate General Szpunar delivered his opinion in Case C-470/14, EGEDA v. Administración del Estado, which was a reference from the Spanish Supreme Court seeking a preliminary ruling on questions relating to Article 5(2)(b) of Directive 2001/29 (the “InfoSoc Directive”). Article 5(2)(b) provides that member states may provide for exceptions or limitations to the reproduction right “in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair...

The Spanish government approved on 30 October 2015 a Royal Decree that specifies the details of the obligation to pre-fund European audiovisual works which is contained in the General Law of Audiovisual Communications approved by the Parliament in 2010 (see IRIS 2010-4/21). This law establishes the obligation for audiovisual media services providers to earmark annually a percentage of their operating revenue, accrued in the previous financial year, for the pre-funding of the following European works: cinematographic films (feature-length and short films), films, series and documentaries made for...

On 15 September 2015, the Spanish Supreme Court upheld the decision from the Court of Appeal, which found three members of the panel of speakers from the popular TV programme "Sálvame" responsible for defamation, after insulting Spanish socialite Carmen Lomana on air. The defendants will have to compensate Lomana with EUR 120 000 in total (EUR 60 000, EUR 30 000 and EUR 30 000 respectively). The decision from the Court of Appeal had already recognised the existence of “an illegal interference with the reputation of the applicant for the serious and repeated insults made during the Sálvame and Sálvame...